BILL NUMBER: SB 1544	CHAPTERED  09/27/00

	CHAPTER   717
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 28, 2000
	AMENDED IN ASSEMBLY   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 15, 2000
	AMENDED IN SENATE   JUNE 5, 2000
	AMENDED IN SENATE   MAY 23, 2000
	AMENDED IN SENATE   APRIL 5, 2000

INTRODUCED BY   Senator Sher

                        FEBRUARY 17, 2000

   An act to amend Sections 8422, 8423, and 8429.7 of the Fish and
Game Code, relating to fish, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1544, Sher.  Market squid.
   (1) Existing law generally regulates the taking of squid for
commercial purposes, including, among other things, prescribing
permit and licensing requirements, specifying time restrictions,
imposing fees and penalties, and requiring the Fish and Game
Commission to adopt regulations to protect the squid resource and
manage the squid fishery at a sustainable level.
   These provisions become inoperative on April 1, 2001, and are
repealed on January 1, 2002, unless a later enacted statute that
becomes operative on or before January 1, 2002, deletes or extends
the dates on which they become inoperative and are repealed.
   This bill would make those provisions inoperative on April 1,
2003, and would repeal them on January 1,  2004.  Since a violation
of some of these provisions is a misdemeanor under existing law, the
bill would impose a state-mandated local program by extending a crime
that otherwise would be repealed.
   (2) Existing law requires the Department of Fish and Game to
establish the fees for a commercial market squid vessel permit and
for a commercial squid light boat owner's permit in an amount not to
exceed the reasonable administrative costs, or $2,500, whichever is
less.
   This bill would establish the fee in an amount of $400.
   (3) Existing law continuously appropriates the money in the Fish
and Game Preservation Fund to the Department of Fish and Game and the
commission to carry out the Fish and Game Code.  Because this bill
would extend existing duties imposed on the department and the
commission, the bill would make an appropriation.
  (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8422 of the Fish and Game Code is amended to
read:
   8422.  (a) The fee for a commercial market squid vessel permit
shall be four hundred dollars ($400).
   (b) All applications for a commercial market squid vessel permit
for the 1998-99 permit year shall be received by the department on or
before April 30, 1998, or, if mailed, shall be postmarked by April
30, 1998.  In order to renew a permit, an applicant shall have been
issued a commercial market squid vessel permit in the immediately
preceding year.  Applications for renewal of the permit shall be
received by the department on or before April 30 of each year, or, if
mailed, shall be postmarked by April 30 of each year.
   (c) Notwithstanding Section 7852.2, a penalty of two hundred fifty
dollars ($250) shall be paid in addition to the fee required under
subdivision (a) for applications that do not meet the deadline
specified in subdivision (b) but that are received by the department
on or before May 31 of any year.
   (d) The department shall deny all applications received after May
31 of each year, and the application shall be returned to the
applicant who may appeal the denial to the commission.  If the
commission issues a permit following an appeal, it shall assess the
late penalty prescribed by subdivision (c).
  SEC. 2.  Section 8423 of the Fish and Game Code is amended to read:

   8423.  (a) No person shall operate a squid light boat unless the
owner of the boat has been issued a commercial squid light boat owner'
s permit by the department and a permit number is affixed to the boat
in the manner prescribed by the department.
   (b) The department shall issue a commercial squid light boat owner'
s permit to a person who submits an application, pays the permit fee,
and meets the other requirements of this section.
   (c) The department may regulate the use of squid light boats
consistent with the regulations established for commercial squid
vessels.
   (d) The fee for a commercial squid light boat owner's permit shall
be four hundred dollars ($400).
   (e) It is unlawful for a person to engage in the following
activities, unless the vessel used for the activity has been issued a
commercial market squid vessel permit or the person holds a
commercial squid light boat owner's permit:
   (1) Attracting squid by light displayed from a vessel, except from
a vessel deploying nets for the take, possession, and landing of
squid or except from the seine skiff of the vessel deploying nets for
the take, possession, and landing of squid.
   (2) Attracting squid by light displayed from a vessel whose
primary purpose is other than the deployment, or assistance in the
deployment, of nets for the take, possession, and landing of squid.
   (f) A commercial squid light boat owner's permit shall be issued
to a person who is the owner of record of a vessel that is registered
with the department pursuant to Section 7881.  For purposes of this
subdivision, an owner includes any person who has a lease-purchase
agreement for the purchase of a vessel.
  SEC. 3.  Section 8429.7 of the Fish and Game Code is amended to
read:
   8429.7.  This article shall become inoperative on April 1, 2003,
and as of January 1, 2004, is repealed, unless a later enacted
statute that is enacted before January 1, 2004, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
